Idaho Child Support Guidelines printable pdf download

Idaho Child Support Guidelines

Adopted January 27, 1989, effective April 1, 1989; amended June 23, 1989, effective July 1, 1989; amended June 7, 1990,

effective July 1, 1990; amended May 1, 1992, effective July 1, 1992; amended March 30, 1994, effective July 1, 1994; amended

April 19, 1995, effective July 1, 1995; amended April 3, 1996, effective July 1, 1996; amended February 26, 1997, effective July

1, 1997; amended March 18, 1998, effective July 1, 1998.

Section 1. Introduction. The Child Support Guidelines are intended to give specific guidance for evaluating evidence in child

support proceedings. Acknowledging there are diverse needs and resources in individual cases, the following Guidelines will

produce a more equitable and uniform approach in establishing child support obligations. The Guidelines may be referred to as

the Idaho Child Support Guidelines (I.C.S.G.).

Section 2. Application. The Guidelines apply to determinations of child support obligations in all judicial proceedings that

address the issue of child support for children under the age of eighteen years or children pursuing high school education up to

the age of nineteen years. Support for post-secondary education after age eighteen is beyond these Guidelines.

Section 3. Function of Guidelines. The Guidelines are premised upon the following general assumptions: (a) the costs of rearing

a child are reasonably related to family income, and the proportion of family income allocated to child support remains

relatively constant in relation to total household expenditures at all income levels; (b) in relation to gross income, there is a

gradual decline in that proportion as income increases; (c) the Guidelines amount is the appropriate average amount of support

during the minority of the child at a given parental income, so that age-specific expenses do not alter the Guidelines amount.

These assumptions may not be accurate in all cases. The amount resulting from the application of the Guidelines is the amount of

child support to be awarded unless evidence establishes that amount to be inappropriate. In such case the court shall set forth

on the record the dollar amount of support that the Guidelines would require and set forth the circumstances justifying

departure from the Guidelines; and (d) child support received and the custodial parent's share of support are spent on the

child(ren).

Section 4. Basic Guideline Principles. These Child Support Guidelines are premised upon the following basic principles to guide

parents, lawyers, and courts in arriving at child support obligations:

(a) Both parents share legal responsibility for supporting their child. That legal responsibility should be divided in proportion to

their Guidelines Income, whether they be separated, divorced, remarried, or never married.

(b) In any proceeding where child support is under consideration, child support shall be given priority over the needs of the

parents or creditors in allocating family resources. Only after careful scrutiny should the court delay implementation of the

Guidelines amount because of debt assumption.

(d) Rarely should the child support obligation be set at zero. If the monthly income of the paying parent is below $800.00, the

Court should carefully review the incomes and living expenses to determine the maximum amount of support that can reasonably

be ordered without denying a parent the means for self-support at a minimum subsistence level. There shall be a rebuttable

presumption that a minimum amount of support is at least $50.00 per month per child.

Section 5. Modifications. The amount of child support provided for under these Guidelines may constitute a substantial and

material change of circumstances for granting a motion for modification for child support obligations. A support order may also

be modified to provide for health insurance not provided in the support order.

Section 6. Guidelines Income Determination--Income Defined. For purposes of these Guidelines, Guidelines Income shall

include: (a) the gross income of the parents and (b) if applicable, fringe benefits and/or potential income; less adjustments as

set forth in Section 7.

(a) Gross Income Defined. (1) Gross income. Gross income includes income from any source, and includes, but is not limited to,

income from salaries, wages, commissions, bonuses, dividends, pensions, interest, trust income, annuities, social security

benefits, workers' compensation benefits, unemployment insurance benefits, disability insurance benefits, alimony, maintenance,

any veteran's benefits received, education grants, scholarships, other financial aid and disability and retirement payments to or

on behalf of a child calculated per Section 11. The court may consider when and for what duration the receipt of funds from

gifts, prizes, net proceeds from property sales, severance pay, and judgments will be considered as available for child support.

Benefits received from public assistance programs for the parent shall be included except in cases of extraordinary hardship.

Child support received is assumed to be spent on the child and is not income to the parent.

(2) Rents and business income. For rents, royalties, or income derived from a trade or business (whether carried on as a sole

proprietorship, partnership or closely held corporation), gross income is defined as gross receipts minus ordinary and necessary

expenses required to carry on the trade or business or to earn rents and royalties. Excluded from ordinary and necessary

expenses under these Guidelines are expenses determined by the court to be inappropriate for determining gross income for

purposes of calculating child support. In general, income and expenses from self-employment or operation of a business should

be carefully reviewed to determine the level of gross income of the parent to satisfy a child support obligation. This amount may

differ from a determination of business income for tax purposes. Additionally, specifically permitted are the following

deductions, unless, in the sole discretion of the Court, permitting any or all of such deductions would result in an unequitable or

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Idaho Child Support Guidelines

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